Telecommunications Act Reform

Readers have probably heard the term “net neutrality” which is what current debate over S. 2686 is still about.  Basically, there will be fast Internet lanes for some of us, but slow lanes for most of us.  These are important concerns, but PlanWireless has found other issues to alert our readers about.

Title VI of H.R. 5252 (S. 2686’s companion) calls for “seamless mobility.”  In wireless, that means a call can go forever without gaps, dead spots or “no service” areas.  HR. 5252 defines “seamless mobility” as:

the ability of a communications device to select between and utilize multiple Internet protocol-enabled technology platforms, facilities and networks in real-time manner to provide a unified service.

It seems to us that some of the carriers’ attorneys could call a cell site a “device” and this bill’s mandate would support a federal pre-emption of local regulation of personal wireless service facilities in no service areas.  PlanWireless suggests this can be clarified now, not in court five years from now.

HR 5252 mandates that cable and other landline carriers are to be franchised at the federal level.  So, all of these court cases over the right-of-way probably don’t matter anyway.  And who will do the franchising?  The FCC; need we say more?  (Maybe they could use from help from FEMA.)

Once the carriers have an FCC franchise in the right-of-way, the unregulated placement of cell sites in the right-of-way will surely follow.

Kreines & Kreines, Inc. has always believed that a telecommunications plan, as adopted policy, that tells a  permittee, under zoning, what they can do and what they can’t, must be complied with before anyone can do anything, whether it’s in the right-of-way or not. 

If the reader considers the other articles in this issue, it becomes clear what a telecommunications plan should say:

·       The plan furthers public safety and welfare.

·       The plan deals with the right-of-way as part of the jurisdiction rather than regulates who can use the right-of-way.

·       The plan is concerned with much more than “aesthetics.”

What does your telecommunications plan say?

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Kreines & Kreines, Inc.
58 Paseo Mirasol, Tiburon, CA 94920
Phone: (415) 435-9214
Fax: (415) 435-1522
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